Lamb & Ors, R. v

Lamb & Ors, R. v

The sentences imposed were unduly lenient as they fell below the guideline range for a category 1 s.18 offence, failed to reflect the gravity and aggravating features of the offending, and gave excessive weight to provocation. The appropriate sentence, after 20% credit for plea, is 9 years' imprisonment for each offender.

Parties
Offender: Paul Lamb; Offender: David Lamb; Offender: James Lamb; Victim: Wayne Brown; Applicant: Solicitor General
Jurisdiction
England and Wales
Judgment Date
23 February 2021
Procedural Posture
Criminal Appeal / Sentence Review on Reference by Solicitor General
Outcome
sentences increased
Legal Topics
Sentencing, Wounding With Intent, Unduly Lenient Sentences, Goodyear Indication, Provocation
Criminal Law Sentencing Wounding With Intent Unduly Lenient Sentences Goodyear Indication Provocation

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Parties

Paul Lamb

Offender

David Lamb

Offender

James Lamb

Offender

Wayne Brown

Victim

Solicitor General

Applicant

Procedural Posture

Criminal Appeal / Sentence Review on Reference by Solicitor General

Legal Issues

  1. 1 Whether the sentences imposed for wounding with intent were unduly lenient
  2. 2 Appropriate categorisation and starting point under the Sentencing Guideline for s.18 offences
  3. 3 Effect of provocation and mitigation on sentence length

Ratio Decidendi

The sentences imposed were unduly lenient as they fell below the guideline range for a category 1 s.18 offence, failed to reflect the gravity and aggravating features of the offending, and gave excessive weight to provocation. The appropriate sentence, after 20% credit for plea, is 9 years' imprisonment for each offender.

Court Disposition

sentences increased

Orders

  • Sentences on count 2 for each offender increased to 9 years' imprisonment; other sentences to stand; appeal of Solicitor General allowed.